Application for Trademark Registration in India
An application for Trademark Registration in India consists of details of the applicant, list of goods and services for which the mark is to be used, and a clear image of the mark.
An affidavit is also needed if an earlier usage of the mark is to be claimed.
A POA from the applicant accompanies the application.
Requirements for filing an application for Trademark Registration in India:
- The name, address, and nationality as well as the type of applicant is to be mentioned. Different fee applies if the applicant is an individual, group of individuals, a partnership firm or a company. For a partnership firm, the names of all the partners are required, and if the applicant is a company, then its home country and the state of incorporation is also to be disclosed.
- A list of goods and/or services for which the mark is to be used.
- The image of the mark in PDF/JPG format.
- If the mark contains or consists of non-English words, a translation of those words into English is required.
- If the application is to claim priority from an earlier filed convention application, details of that earlier application are also required (application number, filing date, country, and goods/services). A certified priority document or its duly notarized copy is to be submitted. If the certificate is not in English, then a certified/notarized English translation is also required. If it is not readily available, the application can be initially filed based on the basic application number, date of the application, and country of the application.
- A copy of the priority document can be submitted within 1 month from the filing date of the application.
- Affidavit mentioning the date of first use of the trademark in India, if an earlier usage is claimed.
- Power of attorney is to be simply signed by a foreign applicant (no legalization or notarization is required). For Indian applicants, power of attorney to be executed on 100 Rupees stamp paper. The power of attorney is not required at the time of filing the application and can be submitted later with no additional cost.
Do note that:
A claim of earlier usage must be filed along with the application, failure to do so would result in the claim deemed to be fresh.
What is Trademark Registration in India?
Trademark registration in India is intellectual property protection over a name, symbol, figure, letter, word, logo, number, phrase, picture, packaging, slogan, or any combination of these.
A Trademark is a distinctive sign capable of distinguishing the goods and services of one business from that of another. The business adopts trademarks not only to identify and distinguish their goods and services from others but also to imply their source of origin as being from that business.
A trademark/logo is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
Trademark registration in India is mostly on a first come-first-serve basis. Hence, registering your trademark at the earliest is always considered prudent so that no one can register your trademark and claim use besides you.
Advantages of obtaining trademark registration in India
Trademark Registration in India provides:
- Prima-facie evidence of ownership of the trademark.
- An important asset for your business or company and contributes to the goodwill generated.
- Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.
- Trademarks can be sold, licensed, or assigned.
- Registration usually covers the whole of India.
Trademark rights may be acquired for both registered and unregistered trademarks. A trademark does not need to be registered to benefit from the protection and rights afforded under the Act and the common law.
Notwithstanding the foregoing, trademark registration provides several additional benefits over and above those attached to unregistered trademarks, including providing:
- Exclusivity to the trademark across all of India rather than to the geographical scope of a trademark’s reputation.
- The basis for filing a trademark in another Convention country.
- The basis for the ground of opposition against a third party in opposition proceedings to prevent a third-party trade-mark application from proceeding to registration.
- The basis for a trade-mark infringement action in India.
- The basis for alerting others of your rights in the context of trademark availability searches, as all trade-mark applications and registrations are entered on the Trademark Registry.
- The basis for determining rights in a licensing regime; and
- The basis for the valuation of trademarks.
Registering a trademark has its own advantages of gaining exclusive legal rights on your trademark and accords better protection of your mark. It is the first step in establishing your own brand.
Process flowchart for Trademark Registration in India
Cost of getting a Trademark Registration in India
|Click here: Fee for INDIAN applicants in Rupees.|
- Option 1: We charge an Attorney filing fee of US$200 + Actual Trademark Office fee + ACTION based fee for prosecuting the case till registration/final disposal of the matter.
- Option 2: We offer to handle a case for a One-time FLAT Attorney fee of US$400 + Actual Trademark Office fee + NO further fee for prosecuting the case till registration/final disposal of the matter.
The official filing fee for ONE mark in ONE class is:
|Applicant Type||Indian Rupees||US Dollars|
|Large Firm/Foreign Firm||9000||150|
We provide cost-effective and efficient online trademark registration services in India. Also, we collaborate with our international partners to help our clients register their mark internationally.
FAQs about Trademark Registration in India
- What is Trademark Registration in India?
- How to get a Trademark Registration in India?
- How much does it cost to get a Trademark Registration in India?
- How are goods/services classified for a trademark in India?
- What are the requirements for filing an application for trademark registration in India?
- What kinds of trademarks can be registered in India?
- Can you get an International Trademark Registration?
- What is an International Application under Madrid Protocol?
- What does a trademark do?
- What kind of protection does a Trademark Registration in India offer?
- How extensive is the protection under trademark registration in India?
- Why should I go for trademark registration of my company name?
- What is ‘Formalities Chk Fail’?
- What is ‘Formalities Chk Pass’?
- What is ‘Marked for Exam’?
- What is ‘Exam Report Issued’ or ‘Accepted’?
- What is ‘Objected’?
- What is ‘Advertised’ or ‘Accepted’?
- What is ‘Opposed’?
- What is ‘Send Back to EDP’?
You may directly call on +91.9860588440 or write a mail to firstname.lastname@example.org for further information and discussions.
Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.